JOFOC Chiller Installation- FDC SeaTac- 25Z6AH4 -.pdf

Justification for Other than Full and Open Competition (JOFOC) FDC SeaTac

Pursuant to the Federal Acquisition Regulations (FAR) Subpart 6.302-2(a)(2), the Federal Bureau of Prisons (FBOP) has determined that the procurement for the emergency installation of rental air-cooled chiller for the Federal Detention Center (FDC), located in SeaTac, WA, meets the criteria established for other than full and open competition. It is further determined that this requirement is of an unusual and compelling urgency that delay in award of a contract would result in serious injury, financial, or other, to the Government. This limitation on competition is justified as supported by the following information:

Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition":

Bureau of Prisons FDC SeaTac 2425 S. 200th Street SeaTac, WA 98198

Nature and/or description of the action being approved:

The action to be approved is for a Firm Fixed Price non-competitive purchase order for the installation of air cooled chiller rental unit. The installation of the rental air-cooled chiller will provide the institution the required and necessary climate control environment for staff and inmate population. The proposed period of performance will be from June 5, 2025, through December 5, 2025, with an estimated total cost of $384,727.00.

Description of the services required to meet the agency's needs:

As part of the mission of the institution to provide a safe and orderly running institution for staff and inmates. FDC SeaTac urgently requires the installation of air cooled chiller rental unit. The emergency rental chiller unit will be utilized to maintain the optimal climate control within the institution. The current chiller plant has sustained significant damage rendering it inoperable and requiring emergency repairs. The failure of Chiller Plant has an immediate impact on FDC SeaTac maintaining mandatory institutional temperatures set forth in P.S. 4200.12. Without the ability to maintain building temperature setpoints, delays in procuring a temporary chiller unit rental will affect the safety and health of staff and inmates. A rental chiller unit is necessary to maintain critical environment controls while the emergency repair work is completed on chiller plant .

An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(2) as implemented by FAR 6.302-2, Unusual and compelling urgency, Specifically FAR 6.302- (a)(2) provides for the applicability of this authority in situations "when the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition not be provided for."

A demonstration that the proposed contractor's unique qualification or the nature of the acquisitions requires use of the authority cited:

Chiller plant has experienced significant internal damage specifically to the internal thrust bearing. This internal damage has rendered chiller plant to be inoperable requiring major repair to it to full functionality. Due to the nature of the damage and critical need for uninterrupted facility operations an emergency chiller rental is deemed high priority. The geographical regional location of FDC SeaTac is expected to see extreme rising temperatures in heat and humidity with chiller plant being inoperable this will cause FDC SeaTac to not meet the requirements set forth by BOP Program Statement policy P.S. 4200.12.

A description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2:

The proposed contract action is made under conditions described in FAR 6.302-2 and therefore the exception at FAR 5.202(a)(2) is applicable. The government would be seriously injured if the agency complied with the time periods specified in FAR 5.203. This is an unusual and compelling urgent acquisition. Any further delay may result in serious injury, financial or other, to the Government. Based on this determination, this action will not be synopsized.

A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer has determined that the proposed costs are fair and reasonable based on a comparison of Trane U.S. Inc historical prices for similar projects completed for the FBOP, as outlined in FAR 15.404-l(b)(2)(ii). Market research further supports that the proposed pricing is in line with the market rates for similar supplies. Trane U.S. Inc has the knowledge and capability to quickly install and maintain the chiller units. Based on these factors, the price is deemed fair and reasonable.

A description of the market research conducted and the results or a statement of the reason market research was not conducted:

It is the determination of the Contracting Officer, Trane U.S. Inc is the only capable contractor that can fulfill the requirements of the Agency, considering the circumstances detailed in this justification; therefore, market research was limited. Based on past performance with the FBOP the contractor was determined uniquely qualified to meet the Government's immediate needs.

Any other facts supporting the use of other than full and open competition:

The urgency of the requirement is further supported by the critical need to ensure daily operations of the institution as well as the health and safety for staff and inmates and the orderly running of the institution.

10. A listing of sources, if any that expressed, in writing, an interest in the acquisition:

Trane U.S. Inc is the only capable contractor that could fulfill the requirements of the Agency, considering the circumstances detailed in this justification

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before subsequent acquisition for the required services:

FDC SeaTac will continue to monitor market trends in the industry to seek competition for sources that may be able to meet the needs of the Government for all future requirements that are considered non-urgent. For future acquisitions, the agency will ensure that advance planning is conducted to mitigate the need for urgent procurements.

This will include regular assessments of facility conditions.

12. Contracting Officer's certification that the justification is accurate and complete to the best of the Contracting Officer's knowledge and belief:

I hereby certify that the request for approval of this Justification for Other Than Full and Open competition is made in good faith. The supporting data and information are accurate and complete to the best of my knowledge. I further certify that this request is not the result of a lack of advance procurement planning.

Submitted by:

Manjit Dola, Contracting Officer Date Field Acquisition Office

I hereby certify that the supporting data provided by the technical and requirements personnel which form the basis for this justification is complete and accurate to the best of my knowledge and belief.

Bradley Halbeisen, Facilities Manager Date

Concurrence:

Andrew Cooper, Warden Date

Approved:

Kathy Cole, Chief Date Field Acquisition Office

MANJIT DOLA Digitally signed by MANJIT DOLA Date: 2025.06.05 09:31:30 -07'00'

BRADLEY HALBEISEN

Digitally signed by BRADLEY

HALBEISEN

Date: 2025.06.05 09:49:24 -07'00'

AARON GRASSE Digitally signed by AARON GRASSE Date: 2025.06.05 10:04:30 -07'00'

KATHY COLE Digitally signed by KATHY COLE Date: 2025.06.05 14:53:17 -05'00'